The illegal drug trade, also called drug trafficking, is a black market for manufacturing, transporting, and delivering prohibited drugs. Like all other U.S. states, Idaho has strict laws against the trafficking of marijuana, cocaine, methamphetamine, heroin, and other substances. Generally, severe charges and punishments for drug trafficking are mandatory in the Idaho criminal justice system under state law. Having a large amount of such a substance in your possession can lead to trafficking charges, which can put your future at extreme risk.
If you have been charged with drug trafficking in Idaho, you need the best criminal defense lawyer with experience in felony drug crimes defense to protect your rights and build a winning defense.
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- Charges and Penalties for Drug Trafficking in Idaho
- Determining Criminal Charges Based On Substance Weight
- Second Conviction for Drug Trafficking
- The Crime of Conspiracy to Commit Drug Trafficking in Idaho
- #1 Drug Trafficking Lawyer in Idaho
Charges and Penalties for Drug Trafficking in Idaho
The State’s drug trafficking laws in Idaho Code Title 37, Chapter 27, Article IV 37-2732B detail the punishments for conviction. If you are charged with drug trafficking in Idaho, it is important to know what to expect before talking to the police or submitting your plea to the court. Each penalty for drug trafficking in Idaho applies when a person is found in possession of the amount of the drug named as specified below:
Trafficking Marijuana in Idaho
Anyone who knowingly manufactures, delivers, or brings into this state, or clearly possesses at least 1 pound of marijuana or 25 marijuana plants, per Idaho 37-2701, is guilty of the felony crime of trafficking in marijuana. Penalties for such drug trafficking in Idaho are:
| Quantity of Illegal Drug | Sentence for Conviction |
|---|---|
| 1 to 5 pounds, or 25 to 50 plants, regardless of the size or weight | Minimum fixed term of imprisonment of one 1 year and a minimum fine of $5,000 |
| 5 to 25 pounds, or 50 to 100 marijuana plants, regardless of size or weight | Minimum 3 years in prison and a minimum fine of $10,000 |
| 25 pounds or more, or 100 marijuana plants or more, regardless of the size or weight of the plants | Minimum of 5 years in prison and a minimum fine of $15,000 |
| The maximum penalty for the above marijuana trafficking crimes is 15 years in prison and a $50,000 fine. |
Trafficking in Cocaine in Idaho
If a person has consciously manufactured, delivered, or transported cocaine into the state of Idaho, he or she is guilty of the felony crime of trafficking in cocaine. Or, if the individual has been either in actual or constructive possession of at least 28 grams of cocaine, he/she is guilty of that crime. (“Constructive” possession means, in essence, that the substance is in your vicinity and you are aware that you possess it, even though it’s not in your hands, clothes, etc.) Further, to be in possession of a substance or mixture of substances that contain an amount of cocaine that can be detected is also to be guilty of the crime. Penalties for such drug trafficking in Idaho are:
| Quantity of Illegal Drug | Sentence for Conviction |
|---|---|
| 28 to 200 grams | Minimum 3 years in prison and a minimum fine of $10,000 |
| 200 to 400 grams | Minimum of 5 years in prison and a minimum of a $15,000 fine |
| 400 grams or more | Minimum of 10 years in prison and a minimum fine of $25,000 |
| A conviction for trafficking in cocaine carries a maximum sentence of life in prison and a maximum fine of $100,000. |
Trafficking Methamphetamine in Idaho
Anyone who consciously makes or attempts to make methamphetamine and/or amphetamine is guilty of the felony crime of trafficking by manufacturing. Further, someone who knowingly delivers this drug or brings it into Idaho, or who knows he/she is in constructive or actual possession of at least 28 grams of it or any substance or mixture containing a detectable amount of it is guilty of trafficking in it. Penalties for such drug trafficking in Idaho are:
| Quantity of Illegal Drug | Sentence for Conviction |
|---|---|
| Attempted manufacturing of methamphetamine and/or amphetamine | 2 to 15 years in prison and a minimum fine of $10,000 |
| Manufacturing methamphetamine and/or amphetamine | 5 years to life in prison and a fine of $25,000 to $100,000 |
| 28 to 200 grams | Minimum of 3 years in prison and a minimum fine of $10,000 |
| 200 to 400 grams | Minimum of 5 years in prison and a minimum fine of $15,000 |
| 400 grams or more | Minimum 10 years in prison and a minimum fine of $25,000 |
| A conviction for trafficking in methamphetamine or amphetamine carries a maximum sentence of life in prison and a maximum fine of $100,000. |
Trafficking In Immediate Precursors of Methamphetamine
Someone who knowingly manufactures or brings any of the precursors listed below into Idaho, or who is consciously in constructive or actual possession of one of these in the quantity indicated for it below, per Idaho 37-2707.g.1, is guilty of the felony crime of trafficking in immediate precursors of methamphetamine or amphetamine. Penalties for such drug trafficking in Idaho are:
| Quantity of Illegal Drug | Sentence for Conviction |
|---|---|
| Ephedrine 500 grams or more | |
| Methylamine 1/2 pint or more | For trafficking in any of these immediate precursors of methamphetamine, the sentence is: |
| Methyl formamide 1/4 pint or more | |
| Phenylacetic acid 500 grams or more | 10 years to life in prison and a fine of $25,000 to $100,000, depending on the quantity of the substance. |
| Phenylacetone 400 grams or more | |
| Any mixture or compound containing a detectable amount of one of the above substances | |
| Pseudoephedrine 25 to 500 grams | Maximum of 10 years in prison and a maximum fine of $25,000 |
Trafficking in Heroin in Idaho
Anyone who consciously makes, delivers, or transports heroin into Idaho or who actually or constructively possesses at least 2 grams of the drug is guilty of heroin trafficking. Also, someone who engages in any of the above activities involving heroin’s salt, isomers, or the salt of an isomer in at least 2 grams is also guilty of the crime. Further, involvement in the ways described above involving any substance or mixture with a detectable amount of one of the above-named substances is also guilty of trafficking in heroin. Penalties for such drug trafficking in Idaho are:
| Quantity of Illegal Drug | Sentence for Conviction |
|---|---|
| 2 to 7 grams | Minimum of 3 years in prison and a minimum fine of $10,000 |
| 7 to 28 grams | Minimum of 10 years in prison and a minimum fine of $15,000 |
| 28 grams or more | Minimum of 15 years in prison and a minimum fine of $25,000 |
| The maximum sentence for trafficking in heroin in Idaho is life in prison and a maximum fine of $100,000. |
Determining Criminal Charges Based On Substance Weight
For the purpose of determining the level of felony drug trafficking charge that the State will bring in a drug trafficking case, the quantity of the controlled substance will be recorded as the weight that the accused has claimed it is if that weight is higher than the weight measurement found by the authorities.
This is one more area of the legal process in a drug trafficking case in which your criminal defense attorney is essential to ensure all your rights are protected.
Second Conviction for Drug Trafficking
A second conviction for one of the drug trafficking offenses discussed above carries a mandatory minimum sentence that is double the penalty required for a first offense. The individual with a second conviction will not be eligible for parole before serving the minimum prison time specified in the applicable table above.
The Crime of Conspiracy to Commit Drug Trafficking in Idaho
Anyone who conspires with someone else or solicits another person to commit one of the criminal acts described above is guilty of the felony crime of drug trafficking in Idaho. The individual found guilty of drug trafficking due to participation in such a conspiracy is subject to the same punishment(s) as imposed on someone convicted of the crime of trafficking in the particular drug, per the appropriate description in the applicable table above.
Why Choose Sawtooth Defense Lawyers?
We are a group of top criminal defense attorneys in Idaho, highly experienced in drug trafficking defense. We can often get charges dropped or substantially reduced for our clients. Our focus is on keeping you out of jail and free from having a record of a criminal conviction.
